[Protest of Low Bids Under Commerce IFB]

A firm protested the bids of two other firms under a solicitation issued by the Department of Commerce for temperature systems and related parts. The protester contended that the low bid should not have been considered because it was received after bid opening and that the second low bid was nonresponsive. GAO found that there was no date or time stamp by the Government or other documentary evidence to show that the low bid was received prior to bid opening. GAO stated that, although the record of the receipt of the bid was insufficient, there had been no compromise of the low bid and the contracting officer had acted in good faith. GAO noted that, if the low bidder's contract were terminated, cost to the Government would be substantial and that contracts with subcontractors and vendors for nonstandard materials could not be canceled. GAO did not discuss the alleged nonresponsive bid of the second low bidder because of considerations involved in the potential termination of the contract. Accordingly, the protest was sustained; however, GAO could not recommend that the low bidder's contract be terminated.